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gree the delays and expense of litigation. We have here a simplification of procedure adopted in the public interest to the end that unnecessary litigation may be avoided. The party obtains the judgment which in law he should have according to the record. I submit, with deference, that in now condemning this practice, long followed in the Courts below, this Court is departing from, instead of applying, the principles of the common law, and is extending rather than enforcing the constitutional provision.

The necessary limitations in the length of this volume have prevented quotation from some of the opinions filed by Justice Hughes and have curtailed comment upon others. In the appendices, however, all of the opinions which he rendered in behalf of the Court, and all of the views expressed by him in dissent from those of the majority of his colleagues, have been summarized, and his entire judicial record may there be scrutinized, in so far as the same is revealed by rendered opinions. It is, of course, as has been said, "an unfortunate feature of public work, in any department, that it is very difficult to interpret it in all its details to the people whose service is being performed"; but it would seem that from the judicial utterances of Justice Hughes there is reflected a view of National life and power which grows and changes through the years and gives ever-suitable vitality to National and State sov

ereignties alike; a conviction that, as Henry George said, "social reform is not to be secured by noise and shouting; by complaints and denunciation; by the formation of parties or the making of revolutions; but by the awakening of thought and the progress of ideas"; a realization that in this Nation and under the Federal Constitution-a Nation and Constitution composing perhaps the greatest of all human innovations and experiments-the way must be kept ever open for patient, accurate examination of facts as from time to time developed, and then free-spirited following of the facts to their fair conclusions-open also for political and social as well as purely mechanical experimentation and discovery. And we gain also a vision of a day when jurisprudence and statesmanship shall join hands to "put the human factor in the central place" in government, and "Ring out the feud of rich and poor; Ring in redress to all mankind.”

Title.

APPENDIX "A"

TABLE OF OPINIONS WRITTEN BY JUSTICE HUGHES FOR THE COURT

Argued.
Decided.
Reported.

Kerfoot v. Farmers' Argued: Oct. 25, 1910 & Merch. Bk.

Reported: 218 U. S. 281 Decided: Nov. 7, 1910

In Re Metropolitan Argued: Oct. 11, 1910
Trust Co. Decided: Nov. 14, 1910
Reported: 218 U. S. 312

Action. [Unanimous unless otherwise shown]

of

Judgment Misaffirmed. souri Supreme Court

Writ of Mandamus denying the jurisdiction of the Circuit Court granted.

Substance of Holding.

As to the validity of a transfer of real estate to a National Bank for a purpose not authorised by its Charter, held: (1) In the absence of a clear expression of the legislative intention, the conveyance was not void, but voidable; (2) the government alone can object, not an heir of grantor; (3) on a writ of error to review the judgment of a State Court, the Supreme Court will not review the State Court's findings of fact as to the acceptance of the deed.

The Circuit Court, after the termination of the term at which a decree is entered, cannot deal with the decree other than for correction of clerical error or inadvertence; and mandamus is the proper remedy where the Circuit Court vacates a

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Sub 't'd: Nov. 7, 1910
Decided: Nov. 28, 1910
Reported: 218 U. S. 513

Judgment of Supreme Court of New Mexico affirmed.

Argued: Oct. 19, 1910 Judgment of the Cir-
Decided: Nov. 28, 1910 cuit Court sustaining
Reported: 218 U. S. 517 demurrers to counts
of indictment affirmed.

Illinois Cent. R. R. v. Argued: Oct. 27, 1910
Comm. of Ky.
Decided: Dec. 5, 1910
Reported: 218 U. S. 551

Herencia v. Guzman Sub't'd: Nov. 29, 1910
Decided: Dec. 19, 1910
Reported: 219 U. S. 44

Judgment of Kentucky Court of Appeals sustaining judgment for amount of taxes affirmed.

decree without jurisdiction to do so and refuses to reinstate it.

The findings of fact support the judgment at bar, and no rulings on questions of evidence are here presented for review.

The fees and emoluments of a Clerk of a Federal Court are a fund from which he receives his compensation and reimbursement of expenses, and he holds the surplus, not as a trustee, but as a debtor, of the United States.

The particular manner of recording a tax assessment or the kind of book or envelope used for such a record does not establish lack of "due process of law," if the essentials of a suitable and permanent record are preserved.

Judgment of U. S. Dissatisfaction with the jury's verDistrict Court for dict does not empower the Supreme Porto Rico for the Court to reverse on a writ of error, plaintiff in action for if there was evidence proper for the personal injuries af- consideration of the jury. firmed.

Title.

Argued.
Decided.
Reported.

Matter

of Gregory Argued: Dec. Decided: Jan. 3, 1911 5, 1910 Reported: 219 U. S. 210

Bailey v. Alabama Argued: Oct. 21, 1910

Decided: Jan.

3, 1911 Reported: 219 U. S. 219

Action. [Unanimous unless otherwise shown] of Habeas Petition for a Writ dismissed. Corpus

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Substance of Holding.

Sections of the Revised Statutes pro-
hibiting and punishing "gift enter-
prises within the District of Co-
lumbia relate to such enterprises
conducted in any manner, whether de-
fined in that or a preceding Statute
or otherwise; and where the statute
itself is valid, it is within the range
of judicial consideration to determine
whether the acts of the accused fall
within the statute, and the judg
ment of the Court upon that issue
proceedings.
is not reviewable by habeas corpus

Judgment of Ala- While its immediate concern was Afbama Supreme Court rican slavery, the Thirteenth Amendaffirming a judgment ment was a charter of universal civil Montgomery of convicition in the freedom for all persons of whatever Court City race, colour or estate under the flag; reversed; the Constitutional prohibition against Harlan, White, Ch. J. and all control by coercion of the perMcKenna sonal service of one man for the benering; Holmes, and Day, JJ. concur- fit of another, cannot be transgressed J., indirectly, by creating a statutory writing, and Lurton, presumption, any more than by direct

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